In Ontario the form of endorsement of the writ of summons in an action for redemption is as follows:

The plaintiff's claim is to have an account taken of what, if anything, is due on a mortgage dated and made between [parties], and to redeem the property comprised therein.

If there are controverted questions arising between the parties, other than mere matters of accounting, the issues will have to be defined by pleadings or otherwise and the action will have to be tried according to the ordinary rules of practice. Judgment will then be entered according to the result of the trial. If the decision is in favour of the mortgagor, the action may then proceed according to the usual practice in mortgage actions as hereinafter outlined.

(g) Strahan, Law of Mortgages, 2nd ed., pp. 141-142.

(h) On the other hand, in an action for foreclosure or sale, the plaintiff need not join prior mortgagees as parties. See chapter 24, Action for Foreclosure or Sale, Sec. 234.

If, however, no issues are raised which require a trial, judgment may be entered on praecipe or on motion either after default in appearance or after appearance (i).

The form of judgment so entered on praecipe is as follows:

Form of Judgment on praecipe for Redemption.

1. Upon reading the writ of summons issued in this action and an affidavit of service of the said writ, and no appearance having been entered

2. It is ordered and adjudged that all necessary inquiries be made, accounts taken, costs taxed, and proceedings had for the redemption of the premises in question, and that for this purpose the cause be referred to the Master at

3. And, (subject to the provisions of section 3 of The Mortgages Act), it is further ordered and adjudged that upon the plaintiff paying to the defendant what shall be found due to him, or in case nothing shall be found due to the defendant then forthwith after the confirmation of the said Master's report, the defendant do reconvey the said mortgaged premises, and deliver up all documents relating thereto.

4. And it is further ordered and adjudged that in case the plaintiff shall make default in payment as aforesaid of what may be found due to the defendant that the plaintiff's action do stand dismissed out of this Court, with costs to be paid by the plaintiff to the defendant forthwith after taxation thereof.

5. And it is further ordered and adjudged that in case nothing shall be found due from the plaintiff to the defendant that the defendant do pay the plaintiff his costs of this suit forthwith after the taxation thereof, and in case any balance shall be found due from the defendant to the plaintiff that the defendant do pay such balance to the plaintiff forthwith after the confirmation of the Master's report.

The form of paragraph 2 of the judgment is prescribed by rule 519, which further provides that any judgment in general terms shall confer upon the master all the powers given by the rules and all other powers necessary to enable him to carry the judgment into full effect.

(i) See rules 466 and 467 set out in chapter 24, Action for Foreclosure or Sale, Sec. 236.